Kumar Shailendra Amb vs The State Of Jharkhand
2021 Latest Caselaw 4263 Jhar

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    IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Cr. Revision No.663 of 2018

    Kumar Shailendra Amb                          ......       Petitioner

                              Versus
    1.   The State of Jharkhand
    2.   Bhupendra Kumar Singh                    .....    Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioner : Mr. Ashok Kumar Sinha (4), Advocate For the State : Mr. Vishwanath Roy, A.P.P For the O.P. No.02 : Mr. Prince Kumar, Advocate

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               th
07/Dated: 18        November, 2021

1. Heard learned counsel for the petitioner, learned A.P.P and learned counsel for the O.P. No.02.

2. It has been jointly submitted by the learned counsel for the parties that the parties have settled their dispute outside the court and the money has been transacted between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner.

It has further been submitted by the learned counsel for the parties that the offence in question is compoundable as per Section 147 of the N.I. Act, and since the matter has been compromised between the parties and the complainant/ O.P. No.02 has no grievance against the petitioner, as such, the present revision application may be allowed by setting aside the judgment dated 01.09.2017, passed in Cr. Appeal No.128 of 2014, by the court of learned Additional Sessions Judge - V, Jamshedpur, and the judgment and order of sentence dated 30.06.2014, passed by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.412 of 2011 (T.R. No.223 of 2014), whereby the petitioner has been found guilty and convicted for the offence under Section 138 of the Negotiable Instruments Act, and sentenced to undergo simple imprisonment of six months to pay the compensation of Rs.1,00,000/- (Rupees one lakh) to the complainant.

3. Considering the arguments of the learned counsel for the parties and the fact that the offence is compoundable as per Section 147 of the N.I. Act and further there is settlement arrived between the parties, accordingly the judgment dated 01.09.2017, passed in Cr. Appeal No.128 of 2014, by the court

of learned Additional Sessions Judge - V, Jamshedpur,, and the judgment and order of sentence dated 30.06.2014, passed by the court of learned Judicial Magistrate, 1st Class, Jamshedpur, in C/1 Case No.412 of 2011 (T.R. No.223 of 2014), are, hereby, quashed and set aside. The petitioner is acquitted of the offence under Section 138 of the N.I Act in terms of the compromise between the parties.

4. In the result, the present revision application stands disposed of.

(Rajesh Kumar, J.) Chandan/-